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PYLANT v. STATE

No. 5D13-3835.

134 So.3d 533 (2014)

David Thomas PYLANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 2014.

Attorney(s) appearing for the Case

David T. Pylant, Lake City, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anthony J. Golden , Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

David T. Pylant filed a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Pylant sought to withdraw his plea or be resentenced in accordance with his understanding of the plea agreement, the trial court treated his motion as one filed under Florida Rule of Criminal Procedure 3.850, and summarily denied it. We reverse, as the record does not conclusively refute Pylant's claim of affirmative misadvice by counsel...

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